Resolution Number 99-9-21-3383
RESOLUTION NO. 99-9-21-3
DENYING APPEAL - ST. MARGARET'S ATHLETIC FIELD LIGHTING
(CONDITIONAL USE PERMIT 99-1)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING
THE DECISION OF THE ENVIRONMENTAL ADMINISTRATOR TO ISSUE
A MITIGATED NEGATIVE DECLARATION FOR CONDITIONAL USE
PERMIT 99-1 FOR ATHLETIC FIELD LIGHTING LOCATED ON AN
EXISTING 3.07ACRE PARCEL LOCATEDATTHE NORTHEAST CORNER
OF RANCHO VIEJO ROAD AND CALLE ARROYO AND MORE
PRECISELY REFERRED TO AS ASSESSORS PARCEL NUMBERS 666-
251-01,-02, AND -03 (ST. MARGARET'S ATHLETIC FIELD LIGHTING)
WHEREAS, St, Margaret's Episcopal School of Scotland, represented by
Richard Mortimer, Business Manager and James Erickson, Attorney has filed an
application for approval of a conditional use permit to allow athletic field lighting and a
modification to Architectural Control 86-7 to modify mitigation measure #1 with respect to
the use of amplified sound systems on an existing field situated on a 3.07 acre parcel
located at the northeast corner of Rancho Viejo Road and Calle Arroyo. The property is
General Plan -designated "5.0 public and institutional" and classified Planned Community
(PC) on the City's Official Zoning Map; and,
WHEREAS, the City's Environmental Administrator (EA) conducted public
meetings to consider the environmental determination on April 13, 1999, and July 27,
1999, and on July 27 issued a Mitigated Negative Declaration pursuant to and in full
compliance with the provisions of California Environmental Quality Act (CEQA); and,
WHEREAS, M. Andriette Culbertson, on behalf of Dave and Andi Culbertson,
Harry and Jean Weinroth, and Tom and Nina Ostenson, has filed an appeal of the
Environmental Administrator's decision to issue a Mitigated Negative Declaration; and,
WHEREAS, the City Council has considered the Environmental
Administrator's determination pursuant to Section 15074 of the California Environmental
Quality Act; and,
WHEREAS, the City Council conducted a duly noticed public meeting on
September 21, 1999 to consider testimony on the proposed project, said meeting having
been noticed pursuant to the City's Administrative Policies for conducting public meetings
including the first-class mailing of public meeting notices to all real property owners as
listed on the Orange County Assessor's Land Records within three -hundred feet of the
project.
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NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of —.
San Juan Capistrano does hereby make the following findings:
1. The Environmental Administrator's (EA) decision to issue a Mitigated Negative
Declaration is in full compliance with all applicable provisions of the California
Environmental Quality Act, in particular, Section 21080(c) which provides that the
negative declaration shall be prepared for a proposed project where:
a. "There is no substantial evidence in light of the whole record before the lead
agency that the project may have a significant effect on the environment."
The record clearly demonstrates that the impact of the athletic field lighting
will result in insignificant light impacts; and,
b. "An initial study identifies potentially significant effects on the environment,
but (A) revisions to the project plans or proposals made by, or agreed to by,
the applicant before the proposed Negative Declaration and initial study are
released for public review would avoid the effects or mitigate the effects to
a point where clearly no significant effect on the environment would occur,
and (B) there is no substantial evidence in light of the whole record before
the lead agency that the project, as revised, may have a significant effect on
the -environment." The record clearly demonstrates that the proposed
mitigation measures which have been agreed to be St. Margaret's Episcopal
School consisting of imitations on the location, orientation, height, intensity,
frequency of operation, hours of operation, and the type of athletic field
lighting will reduce potentially significant light impacts to a level of
insignificance; and,
2. The Environmental Administrator's (EA) decision to issue a Mitigated Negative
Declaration is supported by the provisions of Section 21080(d) of the California
Environmental Quality Act which states that "if there is substantial evidence in light
of the whole record before the lead agency that the project may have a significant
effect on the environment, an environmental impact report shall be prepared'; and,
3. Based on 21082.2 of the California Environmental Quality Act and the City's
adopted "Environmental Review Guidelines", the project will not have a significant
effect on the environment; and,
4. The project will not result in any significant effects as identified in Appendix "G",
Significant Effects of the California Environmental Quality Act Guidelines which
require the lead agency to prepare an environmental impact report; and,
5. The Appeal has not demonstrated that the Environmental Administrator's decision
was inappropriate based on, or violation of, the provisions of the California
Environmental Quality Act and the City's "Environmental Review Guideline".
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_ NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of
the City of San Juan Capistrano hereby denies the appeal and upholds the decision of the
Environmental Administrator to issue a Mitigated Negative Declaration for the proposed
project.
PASSED, APPROVED, AND ADOPTED this 21st day of
September 1999
ATTEST:
CITY CLERK
( 1-"w
OHN GREINER, MAYOR
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Mrs,
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. 99-9-21-3 adopted by the City Council of the City of San
Juan Capistrano, California, at a regular meeting thereof held on the 21st day
of September , 1999, by the following vote:
AYES: Council Members Jones, Swerdlin, Hart, Campbell
and Mayor Greiner
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL J014NISON, CITY CLERK
ME